CHAP, 3. Commonwealth Constitutional Relations 449
(c) that no colonial law shall be void by reason of any instructions
given to the Governor other than the formal letters patent
which authorise the Governor to assent to Bills;
(d) that every colonial legislature shall have power to establish
courts of judicature and every colonial representative
legislature shall have power to make laws respecting the con-
stitution, powers and procedure of its own body, provided
that such laws are passed in such manner and form as may
from time to time be required by any Act of Parliament,
letters patent, Order in Council, or colonial law for the time
being in force in the said colony.
Thus, while the supremacy of the United Kingdom Parliament
remained unchallenged, henceforth a colonial legislature could de-
part from the rules of the common law without fear of challenge in
the courts. Nor can the Governor be ordered to revoke his assent to
a particular enactment, but must rely upon the provisions as to
veto or reservation contained in the constitution of his colony. The
provision enabling colonial legislatures to establish courts of justice
was essential for the extension to the colony of the independence of
the judiciary, a matter which was treated by the United Kingdom
Government as a condition precedent to the grant of responsible
government.
The final provision may be illustrated by the following case. Powers of
The Privy Council, affirming a decision of the High Court of ^^ftu"
Australia, held invalid a Bill to abolish the Legislative Council of Amendment.
New South Wales which was not passed in accordance with a
colonial Act requiring the approval of the electorate to be given
to such a measure.1 The Colonial Laws Validity Act, 1865, required
that a law respecting the constitution should be passed in the
manner and form provided by existing legislation. The Privy
Council rejected the argument that the colonial Act requiring the
approval of the electorate was invalid as fettering the freedom of a
future legislature, but was not called upon to decide whether the
Supreme Court of New South Wales had been right in granting an
injunction to restrain the officers of the legislature from presenting
the Bill for assent, . t
During the latter half of the nineteenth century the Dominions topenal
attained nationhood rapidly. Since 1887 there had been periodic <-°m€rc '
conferences for the purpose of consultation between the Govern-
ments of the Commonwealth. They were conferences of Govern-
ments, meeting under the chairmanship of the Prime Minister
of the United Kingdom, not of delegates with power to commit
1 Attorney-General for New South Wales v. Trethowan, [1932] A.C. 526;
J.&Y.76.